More details to this question:
I live in Brooklyn, NYC and live in a basement apartment. I first found out that there was mold present in the apartment after suffering health issues and have a certified mold inspection conducted. I have lived in the apartment for 2 years in which I have had several incidents of leaks and obvious areas through out the apartment of water damage. I contacted my landlord over the course of the 2 years to which they did nothing to fix the leaks or conduct an air quality test when I asked them to. This led me to look up the legality of my apartment and when I obtained the Certificate of Occupancy the "cellar" is classified as "residentual" with the description of us being " Ordinary use, a playroom in conjunction with the first floor apt, one family(janitor)". Is my apartment illegal since my landlords are using it out of the intended use on the CO? What legal action can I take if it is and because of the mold?
Thanks in advance
1 ANSWER
General Practice Attorney serving New York, NY
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The Law Office of Walter Jennings, P.C.
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You have two sperate issues as I see it.
With regard to the mold and water in the basement, you can bring a proceeding in Civil Court to have the conditions corrected. They will send out an inspector and if mold is detected they will order the landlord to repair.
With regard to the C of O, your occupancy may be illegal, an attorney would need to investigate further to determine any possible course of action.
I suggest that you consult with a landlord tenant attorney who can help guide you through the process and determine your legal remedies.
Walter Jennings, Esq.
Law Office of Walter Jennings
Answered on Sep 19th, 2012 at 11:30 AM